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Practice. An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned, 3 Whart. 143.
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The facts being thus ascertained, it is left for the court to decide for which party is the law. As no writ of error lies on a judgment rendered on a case stated, Dane's Ab. c. 137, art. 4, n. 7, it is usual in the agreement to insert a clause that the case stated shall be considered in the nature of special verdict.
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In that case, a writ of error lies on the judgment which may be rendered upon it. And a writ of error will also lie on a judgment on a case stated, when the parties have agreed to it. 8 Serg. & Rawle, 529.
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In another sense, by a case stated is understood a statement of all the facts of a case, together with the names of the witnesses, and, a detail of the documents which are to support them. In other words, it is a brief. (q. v.)
By John Bouvier
